A Simple Guide for Families and Executors
Handling real estate during probate can feel overwhelming—especially when you’re already dealing with the loss of a loved one. If you’re navigating probate in Tucson, it helps to understand the process, your responsibilities, and what to expect.
Below is a clear and straightforward guide to help you make informed decisions.
What Is Probate?
Probate is the legal process of settling a deceased person’s estate. This includes:
- Confirming the will (if one exists)
- Identifying assets
- Paying debts and taxes
- Distributing property to heirs
Real estate—like a home or land—is often the largest asset involved, so it plays a major role in the probate process.
Is Real Estate Automatically Part of Probate?
In most cases, yes. A property will go through probate unless:
- It is owned jointly with right of survivorship
- It has a transfer-on-death deed
- It is held in a living trust
If none of these apply, the court must approve what happens to the property.
Step-by-Step: How Real Estate Is Handled in Tucson Probate
1. Property Is Identified and Appraised
The executor or personal representative locates all property records and arranges a professional appraisal to determine fair market value. This helps the court understand the estate’s worth and ensures the home is sold at a fair price.
2. Debts and Liens Are Reviewed
Mortgages, unpaid taxes, or other debts tied to the property must be handled before heirs can receive their share. Sometimes the home must be sold to cover these costs.
3. Court Approval for Sale (If Needed)
In Arizona, many probate cases allow the personal representative to sell the property without a formal hearing—this is called informal probate.
However, some situations still require court approval, especially if heirs disagree.
4. Listing the Property for Sale
Once approval is secured, the executor can hire a real estate professional to market and sell the property.
A probate-experienced Realtor can help with:
- Valuing the home
- Coordinating repairs or cleaning
- Properly marketing the property
- Navigating legal requirements
- Communicating with heirs and attorneys
5. Closing and Distribution
After the home is sold, the funds go into the estate.
From there, money is used to:
- Pay remaining debts
- Cover probate costs
- Distribute the rest to heirs
Why Tucson Probate Sales Benefit from a Local Realtor
Probate transactions are different from regular home sales. You need someone who understands:
- Local Tucson market trends
- Probate-specific paperwork
- Coordination with attorneys
- How to price and sell a property efficiently
That’s where an experienced Realtor becomes a valuable partner.
Work With a Tucson Realtor Who Understands Probate
If you’re dealing with probate and need guidance on selling a home in Tucson, Ryan Comstock can help. He understands the unique challenges families face and provides clear, supportive guidance through every step.
📌 Realtor: Ryan Comstock
📞 Phone: 520-261-4669
📧 Email: ryancomstock@ryancomstock.com
🌐 Website: www.ryancomstock.com